It's not like I would decide to get in my car from Center City and drive to Chestnut Hill at 7 a.m. for training.
Most folks aren't going to do that.
Yeah, convenience is one of the main things I'm going for.
Questions from our attorney?
no chair questions or comments from the virtual audience or the current audience here
i see no he's at this time too well any commission michael gall with the philadelphia
city planning commission the the comprehensive plan recommends no change to the existing rsd
three residential single family detached zoning at this location the property is large and has
a physical parking configuration off the shared driveway that would easily allow for the proposed
use at this intensity level the appellant has demonstrated that the proposed use would not
cause undue detriment to the local community beyond what might otherwise be expected therefore
the city planning commission recommends the board grant the proposed variance for personal services
home business use um thank you um number 13 mi 20 25 007 221 8003 the havo navada street
i vote yes with proviso no clients after sunset michael johns my vote is a yes with proviso
Cheryl Gaston, my vote is yes, with provide so Brian McAdams, my vote is yes with provide.
My vote is yes, let's provide them. Mr. chair, I have 1 question about that as we all know, sunset changes throughout. But I mean, that's what you told me. Yeah, I know throughout the year. No, I don't think I said that.
who said who said not me that that's not that has not been any part of my presentation i'm sorry
didn't somebody say the proviso was no from the client from the no no it was it was sunset
provision oh i'm sorry they wanted the temp they wanted a temporary okay so no proviso
we'll vote with no proviso thank you all right okay thank you do they need to revote with no proviso
um council we i i think okay we'll be sorry the record thank you yes we all right no not
to revoke i i think i think we should i think we should okay let me get it back yeah we need to do
the process with the tail of property survivors no no no no
we do not know okay six be right with you
okay mi 2025 007
221 8003 nahama nevada street i vote yes michael johns my vote is yes
Cheryl Gaston my vote is yes my vote is yes my vote is yes thank you council
Meredith we ready one more okay we can just keep going here
we continue he got on that phone and continued it
Number 14, here we go, MI 2025 007231 1650 North 5th Street, number 8, Joseph Consul is the attorney.
there's support from south kensington
and also council member lazada's non-opposition
hello again
joe you were wrong earlier right i swore you in earlier right i don't think i spelled my name and
stuff i just kind of butted in for a continuance could you please state your name and spell for
stenographer yeah it's attorney joseph consul j-o-s-e-p-h last name is consul c-o-n-s-o-l-e
do you swear or affirm to tell the truth the whole truth and nothing but the truth
do you swear or affirm to tell the truth the whole truth another but the truth
i do do you want to identify
i do you identify your client relationship to the property yeah my client is uh evan
anderson of ec dynasty llc who owns the property our board secretary has a few questions
good morning counsel have you submitted your documents and exhibits five days in advance of
this hearing? Yes. And do you waive the reading of the
refusal and stipulate to its accuracy? I do. Then you can share your screen and
begin your presentation. Thank you. My screen's up. Joe Consul here for Evan
Anderson of EC Dynasty. He's on the call. We're here for 1650 North
5th Street, Unit B. It's an IRMX zoning district seeking a use variance for a
two-family household listing. For the record, and you'll see in the photos when
I get there, my client does not own the ground floor. That ground floor is Unit
A of a separately owned and separately owned commercial condominium space. So
So we've got nothing to do with unit A here, we're here for the three upper floors.
Second, we are positioning this as a paperwork correction.
The original developer in 2017, and I've submitted all these documents, did a bunch of PUDs and
condos in and around this block all in one go, and this piece of it was not done correctly,
meaning he built this as four floors, commercial on the first floor, two units above it, but
for some reason when it went through, it came as just a single family home in an IRMX district
for this particular unit.
So, again, I'll go through things in a little more detail, but we presented this timeline to the South Kensington Community Partners.
They understood because they were around when this project came around the first time when the developer did all this work, and they voted to support the variants.
Let's see.
So, as I mentioned, in 2017, let's see if I can find it in my files here real quick.
quick. Board granted a variance for the overall development of 57 dwelling units. However,
on those plans, which I kind of just have sort of faded versions of and what I submitted,
our building that we're here for today was called building 35. And at the time was labeled
as having a commercial unit on the ground floor and single family living above. So it
wasn't even labeled as being two condos at the time, but either the developer did this by accident
or, and I'll show you the pictures now, or he ended up just building it as a commercial unit
on the first floor and two units above. Either one of those things could be true. We're not sure,
the RCO's not sure, but we do know that other units that were similar to this one in this PUD
were correctly identified as commercial with two residential above so we're
thinking that this was just an error in the paperwork so if you look at that's
what it looks like from the outside we don't own the ground floor above that is
unit one which is a one-bedroom one-bathroom apartment and then unit B
twos by level three-bedroom I believe three bath my client can confirm that
when he when he comes on just showing you the outside from another angle that
is actually a trash storage area in the back you can see there's three you know
gas meters there giving you some more exteriors showing you the interiors of
the units like I said this was designed and built completely as it is you can
see there's four for electrical meters there one common and then the commercial
for unit A and then the two for my client's two units the roof the deed so
he purchased it in 2022 marketed as a duplex on all the marketing materials
he went to get his rental license and this is where we're at he's on the board
This is where we're at. He's on the board of the condo association and is very involved in everything here.
to the condo association and is very involved.
And we don't anticipate this being problematic to anyone in the neighborhood for any reason.
I don't need to go through all my other exhibits, but, you know, we've got support from the RCO and everything else is submitted along with the tax clearance deed and the previous approvals.
I'll call Evan to raise his hand.
And he's being promoted now to panelists, Chair.
are you there Evan yes could you please state your name and spell for the
sonographer
what's your client's name joe evan anderson mr anderson thank you hello are you able to hear me
mr anderson yes yes hi could you please state your name and spell for the stenographer
excellent thank you my name is evan anderson e-v-a-n-a-n-d-e-r-s-o-n
do you swear or affirm to tell the truth to whole truth and nothing but the truth
yes mr chair uh evan did you hear my testimony just now regarding um your property at 1650 north
fifth unit b yes i did and it is accurate thank you so you adopted as your own um would you just
uh just recap the layout of the two units uh in case i was i misspoke there yeah i think you
described it pretty well uh so again i purchased this duplex with the intent of um occupying it
myself and having a family member in the other unit um with optionality to rent uh was seeking
a rental license and so the layout is across three floors the upper three
floors of this building first floor being one unit that is one bed one bath
the upper unit is three bed three bath okay I have nothing further questions
from the board questions from our attorney no chair questions or comments
from the virtual audience I see no hands at this time chair any
commission michael gall with the philadelphia city planning commission the comprehensive plan
recommended a change from the former i2 medium industrial zoning at this location to rm1
residential multifamily in 2016 however the city remapped this property in a community-led remapping
to irmx industrial residential mixed use the property in question was previously permitted
for a commercial ground floor use with single family use on the floors above and it is physically
configured for a use other than industrial the appellant has demonstrated that the proposed use
would not cause undue detriment beyond what might otherwise be expected therefore the city planning
commission recommends the board grant proposed variance for two family residential use mi 20
25 007 231 1650 north 5th street unit b i vote yes michael johns my vote is yes
cheryl gaston my boot is yes ryan mcadams my vote is yes highway my vote is yes
number 11 mi 2025 007 039 032 100 1007 to 13 new market street um meredith furliger is the
attorney uh counsel could you please state your name and spell for the stenographer sure meredith
ferliger f-e-r-l-e-g-e-r do you swear or affirm to tell the truth the whole truth nothing but the
truth i do um could you identify your client a relationship to the property my client is proud
american llc which is the owner of the property and that llc is represented today by sarah proud
finale well you have a letter of support from um um north northern liberties and let's see here
Um, North Northern liberties.
And let's see here and a letter of non opposition from council members.
So, our, our, uh, board secretary has a few questions.
Did you submit your exhibits and documents 5 days in advance of this hearing? Yes, I did. And do you waive the reading of the refusal and stipulate to its accuracy?
yes I do then you can share your screen and begin your presentation thank you and I appreciate your
flexibility while I dealt with some technical difficulties maybe like towards the end you
seem to like to go to I think you might be right my computer said it's too early you have to present
later I think I agree with you on that the request before the board today concerns 1007
11-13 New Market Street, and seeks to remove a now three-time granted temporary approval,
so that hopefully this fourth time will be the proud's last time in front of the board
for the foreseeable future. And not that it's not very enjoyable, but this would now be
the fourth time. I will be brief, given this case has come before the board and been granted
relief many times before. This application today concerns the outdoor seating area for
Jerry's Bar, which is a long-time staple of Northern Liberties. As always, you have an
exhibit packet in front of you that contains 15 exhibits, including tax clearance at Exhibit 2,
as well as the deed at Exhibit 3. As Mr. Chairman mentioned, this application did receive
give overwhelming support from the northern liberties neighbors association with that background in mind.
Let me orient you to the location of this particular property on the zoning map that I have up on the screen here at exhibit 7.
You can see that this property sits on New Market Street, which I didn't know even existed prior to this application just north of Laurel Street.
it is an irregularly shaped parcel that is zoned rsa5 it also sits within the nca neighborhood
commercial overlay district north delaware avenue area i did also include some aerials at exhibit
eight zoom in there a little bit so as you can see in this view here i have an arrow pointing
to the location of this property and just in terms of the context jerry's bar is right here
on this corner of laurel street so it's just the two diagonal corners here
the south view that i included i think gives the best context in terms of the context of this area
this area around jerry's bar for those of you that know northern liberties quite well is mixed
residential and commercial just west of 95 and if surrounded by many new large multi-family
developments some single-family homes as well as some commercial uses as well
from the photographs
from the photographs i have in the packet at exhibit 15. uh you'll see that this parcel has
since the COVID-19 pandemic been used as an off-site seating area for Jerry's Bar.
The use itself is obviously quite seasonal.
I don't know that many people would like to sit outside in the middle of January, but
it has become a wonderful asset to the community in the warmer months.
Just to give you a little bit better context, this next photo shows some of the area behind
behind the parcel and adjacent to the parcel, which are predominantly used as parking for some of the surrounding buildings.
And as you can see here in the next photograph, the outdoor seating area is surrounded by a low decorative fence and really serves to activate this corner.
across new market is a combination of residential and some ground floor use commercial uses as well
the next photograph shows the fairly insulated location of this seating area and as you can see
here there are no windows on the side of the building on the side of the home that this use
adjoins directly to the right and then from laurel street again you can see the context of this lot
from jerry's bar which you can see here right at the corner
And then I did include just a couple of additional photographs here, showing the outdoor seating area as it's existed for the last five or six years at this point, which really only has a couple of tables, chairs, and some plantings.
and then i did include just a couple of additional photographs
at exhibit 10 i did also include some of the information that's been presented to the board
over the years uh just in terms of one important note the lot itself prior to uh sarah and her dad
activating it had really been vacant since about the 1940s uh there was no documented single family
use in that time over you know the last 80 years or so and then flipping back to exhibit five zoom
in a little bit on this i did include a zoning site plan that shows generally the existing layout
obviously it's movable tables and chairs so this is not necessarily exact but does represent a
general layout of the site itself importantly you will notice the location of four different trash
receptacles that are placed on the property two in this location here and then two more
at the bottom as well as i've alluded to this property has been used as exterior seating during
good weather months for jerry's bar exhibit six shows some of the operational considerations
that uh were in front of the rco as well which include about 30 to 35 occupants no live or
amplified music and then per long-standing agreements with the community as well
All food in this particular location is served on disposable place settings, and then, of course, trash is stored on the property and is removed daily.
the hours of operation are limited as you can see up on the screen mondays closed tuesday wednesday
thursday 3 to 10 friday 3 to 11 and then saturday and sunday uh start at 9 a.m and end at 11 p.m
or 10 p.m on sundays if you are hungry we did also include a sample menu in the exhibits as well
So, although the use itself only actually involves tables and chairs and has no structures, cooking, or any kind of other typical accompaniments to a restaurant, it is still classified under the zoning code as a sit down restaurant.
And you can see that here on the refusal.
although that use as a restaurant a sit-down restaurant would normally be a special exception
in the North Delaware Avenue NCA overlay because the property is zoned RSA 5
a refusal is generated from this use instead of a special exception
from the history that I've included at exhibit 9 you'll see that the
The long chain of approvals here started back in 2021, where the Zoning Board seemingly granted only one-year temporary approvals, which has required the Prouds to return back to the Board in September 2021, July 2022, and April of 2023.
I believe that the temporary approvals at the time were necessitated due to some misunderstandings that the community members may have had at the time about the implications of a permanent approval for this type of use.
When I got involved, I believe I was able to clarify some very critical factors, which is ultimately why we did receive such overwhelming support from Northern Liberties.
i'll share those factors with the board first as we've presented today the use itself is extremely
low impact and has become a wonderful asset to the northern liberties community in support of
jerry's bar now practically speaking while temporary approvals are often warranted where
there's some uncertainty in terms of a future ownership transfer here those concerns are
actually mitigated by the zoning code itself even with a permanent approval for an eating
and drinking establishment in this location no one can operate it as such independently
on this lot the zoning approval authorizing the use would only do that authorize the use
would only do that authorize the use it would not allow a future owner to the extent that sarah
decided to ever sell to come in and physically erect a restaurant on this lot that would require